Experienced Northern Virginia Child Support Attorneys
Serving All of Fairfax County, Loudoun County, Prince William County, Arlington County and Alexandria City
Child support issues can arise both within divorce cases as well as between unmarried couples. Child support is governed by guidelines prescribed by the Virginia Code, but there are deviating factors which can be used to increase or decrease this prescribed amount of support. Our attorneys can advise you as to the prescribed amount and if there are reasons to deviate from the prescribed amount. Child support may be litigated within a divorce case in the Circuit Court when the parents are married to each other. Child support can also be litigated in the Juvenile and Domestic Relations District Court regardless if the parents are married to each other. Our attorneys can assist in determining which Virginia court has jurisdiction over your case.
If you are considering filing a child support action, timing is extremely important. Child support can only be collected retroactively to the date that an action is filed in court and due diligence is exercised to serve the other parent with the child support petition. Even if two parties hope not to engage in litigation and are likely to settle, it is sometimes advantageous to file a case early in the separation to secure retroactivity. We can advise you whether your situation would benefit from an early filing or whether it would be strategically advantageous to wait to file.
One of the most common questions asked by clients going through child support litigation is what to do if they have been a stay-at-home mother or stay-at-home father or if the other parent has not worked in a long time due to taking on parenting or other responsibilities. Families make decisions when they are intact, but these decisions may not be financially sustainable once the parents separate. The decision to have one parent stay at home often results in uncertainty for both parties when it comes to child support litigation.
Courts have the ability to impute income to a parent under appropriate circumstances if they are not reasonably employed. This means that a court can assign a reasonable income to someone who is voluntarily underemployed or unemployed. The child support attorneys at Hirsch & Ehlenberger have litigated imputation of income issues throughout Northern Virginia, including Fairfax County,